STEPS IN THE DISABILITY DETERMINATION PROCESS
The Initial Stage is that of the initial application process. During this stage, you apply for Social Security Disability Benefits through the local Social Security Office. You can either do this yourself, or you can contact me for help right from the very beginning and I will be happy to help you look at your case from the start, if you like.
During the initial application process, you will be needing to fill out some paperwork regarding your work and your disability claim. Social Security will review your claim and begin processing it by sending it to a group of folks who determine the medical eligibility for your claim. In SC, the group it is sent to is the SC Department of Vocational Rehabilitation. They will send you some additional forms to fill out and then schedule a medical exam by an independent medical examiner. In other states, there will be some similar agency (usually a State Agency) that will provide the Disability Determination Services for Social Security.
This entire process in the initial stage generally takes anywehere from about 3-6 months between the time you apply and a determination is made. If an affirmative determination is made, then you will start receiving your monthly disability benefits, plus any back pay due.
If your claim has been denied, you will get a letter from Social Security that declines your claim and then you have 60 days from the date of the denial to file for Reconsideration. This is the 2nd stage in the disability application process.
If you file for Reconsideration within your 60-day window, then Social Security will repeat the entire initial application process, using a totally different set of folks to evaluate your claim than the ones who evaluated your claim before. If there is any new evidence supporting your claim that was not submitted during the initial stage, you can submit that at this time. Again, the entire process of Reconsideration usually takes between 3 and 6 months from the date that you filed for the Reconsideration.
There are some statistics that have shown that out of the people who file in the initial and reconsideration stages on their own, approximately 77% of those claims are denied. In contrast, only about 40% of the claimants who have representation during the initial stages get denied. So, you can see that your chances of getting approved nearly double when you have representation before you reach the hearing stage.
The Hearing level is where you actually can get a hearing before a Social Security Judge. If your claim was denied during the initial and the reconsideration stages, you have a right to a hearing. The request for a hearing must be filed within 60 days from being turned down at the Reconsideration stage. During the Hearing stage, the Judge will review your file and schedule a hearing. At the hearing, the Judge will allow input from you, as well as witnesses that could support your claim. The Judge shall also have input from the state medical examiner regarding your medical determination and whether you are fit for work or not. Since the Social Security Courts may be backed up with cases, it may take a while for your case to come up before the Judge (sometimes it may take a couple of years from when you file for the Hearing before your case is heard).
On the good news side of the process, statistics show that about 75% of the claims that go through the hearing stage with representation get approved. What this may mean to you is that if you have been turned down twice and you get representation, whether it be through my office or any other representative or lawyer or attorney, and you file for the hearing within your 60 day window from when you were last turned down, your chances of being approved have jumped to about 75%.
If your claim gets turned down at the Hearing stage, then you have the right to file for an appeal.
The Appeals Council is in Washington, D.C. Rarely will you get to this stage, and if you do, it is not common for there to be any direct testimony required at this stage. If you get turned down at the Hearing stage, then you have 60 days to file for an appeal with the Appeals Council, who will review the entire case, along with your petition and filing, for errors on the previous decision(s) made regarding your case. No new evidence is submitted at this time.
If your case gets turned down at this stage, you then have the right to sue Social Security in the Federal Courts and you have that process available to you. Most likely, though, if it gets turned down at this final stage within the Social Security Administration, there is something wrong with your claim or your filings.
This is really the whole idea behind getting good, quality representation as early in the process as you can. It used to be that you were not allowed to have representation until you were turned down the 2nd time. Social Security realized the need for many folks to have proper representation as early in their claims as possible, so that rule changed and now you are allowed to have someone represent you right from the beginning.
Whether you have just recently been disabled within the past 6 months, or you have already applied and been turned down once or twice, I can help you. I was admitted to practice before Social Security Courts as of April, 2002, and I limit my practice to Social Security Law only, so by hiring me to help you, you would be able to have the confidence in having someone who specializes in Social Security Law helping you. With us, you pay us no fees until we win your case for you! Your initial Consultation is FREE, so you can leave your checkbook at home. We have or have represented clients, just like you, throughout the USA. So far, we have been helping clients throughout South Carolina, North Carolina, Georgia, Alabama, Mississippi, Tennessee, Texas, and California.
We realize that many disability claimants are on a tight budget. Well, because of that, we charge you no fees unless we win! There is NO up-front money that you have to come up with when you seek our help. If you don't get approved, then we don't get paid for our services! We believe in providing our clients with the very best customer service out there! Call me today and you'll be happy you did!
Dr. Leonardo Ortiz (864) 202-8634
MBA • DD • MsD • JD • CCHT
MY LINKS
